数字资产及其继承管理流程概述

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引用次数: 0

摘要

一般来说,死者去世后,会有一个遗产管理过程,将动产和不动产分配给各自的继承人。无论种族和宗教信仰如何,社会各阶层都在实行这一程序。然而,最近,马来西亚的资产开始经历现代化,人们开始投资数字资产。虽然马来西亚的数字资产法律仍处于起步阶段,但它间接地为遗产管理提出了问题,即如果数字资产是由死者(尤其是穆斯林)留下的,其地位如何。此外,与银行现金、单位信托投资、Amanah Saham Berhad (ASB)、Tabung Haji 和汽车一样,数字资产目前也是遗产管理辩论中的一个突出话题。许多人都不确定数字资产是否属于死者的资产,也不确定其在伊斯兰教中的地位。因此,本研究旨在探讨数字资产的发展及其在继承管理中的地位。在本研究中,研究人员采用了定性研究方法,通过图书馆对相关资料进行研究,包括但不限于法律规定、判例法、教科书、期刊文章、报纸、会议记录和研讨会论文。根据研究结果,利用数字资产进行遗产管理是允许的,但必须符合某些条件。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Overview Of Digital Asset and Its Process Under the Inheritance Management
Generally, after the deceased died, there is a process of inheritance management where both movable and immovable assets are distributed to the respective heirs. This process has been practiced by all levels of society despite their race and religion. However, recently, assets in Malaysia began to experience modernization where people started to invest in digital asset. Although Malaysia’s digital asset laws are still in their infancy, it indirectly raises issues for the inheritance management about the status of the digital asset if it is left by the deceased especially for the Muslims. In addition, with cash in banks, investments in unit trusts, Amanah Saham Berhad (ASB), Tabung Haji and automobiles, digital assets are currently a prominent topic in the inheritance management debate. Many people are unsure whether digital assets qualify as deceased person's assets or not and its status in Islam. Hence, the purpose of this study is to examine the development of digital asset and its status in inheritance management. In this study, the researcher employs a qualitative approach, by conducting library-based research on the relevant materials including, but not limited to statutory provisions, case laws, textbooks, journal articles, newspapers, conference proceedings, and seminar papers. Based on the findings, it is permissible to conduct inheritance management using digital asset but subject to certain conditions.
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